The procedure from detention center to prison is to send criminals to prison for execution within one month from the date of judgment. That is, within one month after the people's court delivers the judgment to the detention place, the public security organ will send the criminal to the prison to execute the punishment. If the remaining sentence of a criminal is less than three months before being handed over for execution, the detention center shall execute it on his behalf. In practice, criminals must receive training in the prison training center for about two months, which is distributed by the provincial prison administration.
Article 264 of the Criminal Procedure Law of People's Republic of China (PRC)
When a criminal is committed for execution, the people's court that committed him for execution shall, within 10 days after the judgment takes effect, serve the relevant legal documents to the public security organs, prisons or other enforcement organs.
Criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment shall be put into prison by public security organs for execution according to law. If the remaining sentence of a criminal sentenced to fixed-term imprisonment is less than three months before delivery for execution, the detention center shall execute it on his behalf. A criminal sentenced to criminal detention shall be executed by a public security organ.
2. What is the procedure for lawyers to meet in the detention center?
1. If a lawyer is entrusted by a criminal suspect or defendant to provide legal aid or act as a defender, he shall issue a letter of introduction from the law firm, a power of attorney and a lawyer's practice certificate to the detention center when meeting with the criminal suspect or defendant.
2. If a lawyer accepts the employment of relatives of a criminal suspect or defendant, or the relevant organ or unit conveys the employment requirements, when meeting with the criminal suspect or defendant, he shall issue a letter of introduction from the law firm, show his lawyer's practice certificate to the detention center, and the criminal suspect or defendant shall sign a power of attorney to confirm it, which shall be checked and recorded by the detention center.
3. When meeting with criminal suspects and defendants, the number of lawyers can be 1 to 2. Trainee lawyers and certified paralegals may assist lawyers in making interrogation records when meeting with criminal suspects and defendants.
4. Lawyers shall meet with at least two suspects and defendants suspected of murder, robbery, stirring up trouble and other violent crimes, or if the suspects and defendants are women. 1 The interviewees may be interns and paralegals.
5. Due to special circumstances, if a lawyer needs to meet with a criminal suspect or defendant outside holidays and normal working hours, he shall submit a written application to the law firm in advance and report it to the leaders in charge of the detention center for approval. If a lawyer applies for a meeting according to the provisions of the preceding paragraph, the detention center shall make a decision on whether to agree to arrange a meeting within 48 hours after receiving the written application, and notify the applicant in time.
6. Correspondence between lawyers and criminal suspects and defendants shall be submitted to the case-handling department in accordance with regulations, which shall transfer it to the detention center for transfer to the criminal suspect and defendant. The lawyer shall copy the letter for the record.
7. When meeting with a criminal suspect or defendant, a lawyer shall abide by the relevant regulations of the detention center, and shall not pass articles and letters to the criminal suspect or defendant without authorization, and shall not lend wireless communication equipment such as mobile phones to the criminal suspect or defendant for use. The relevant provisions of the detention center shall be posted in a conspicuous position.
8. The detention center shall provide convenience for lawyers to meet with criminal suspects and defendants, and arrange suitable interview rooms. If it is necessary to guard the interviewee, the guards should pay attention to the way of guarding, try to avoid or reduce the worries of the criminal suspect and the defendant when talking, and ensure that the criminal suspect and the defendant fully exercise their right to defense according to law.
9. Guardians of detention centers shall strictly perform their duties when lawyers meet with criminal suspects and defendants, ensure the personal safety of lawyers, and prevent criminal suspects and defendants from escaping, committing crimes and committing suicide. After the meeting, the lawyer shall, in accordance with the regulations of the detention center, go through the formalities of handing over the criminal suspect and defendant to the guards. During the meeting, if the lawyer finds that the suspect and the defendant are emotional and irritable and may commit suicide, he should inform the caretaker in time.
Lawyers meet prisoners in detention centers with unlimited time and frequency. When a lawyer meets a criminal suspect or defendant in custody, the detention center shall ensure the time and times required for the lawyer to perform his defense duties.
Article 264 of the Criminal Procedure Law of People's Republic of China (PRC)
When a criminal is committed for execution, the people's court that committed him for execution shall, within 10 days after the judgment takes effect, serve the relevant legal documents to the public security organs, prisons or other enforcement organs.
Criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment shall be put into prison by public security organs for execution according to law. If the remaining sentence of a criminal sentenced to fixed-term imprisonment is less than three months before delivery for execution, the detention center shall execute it on his behalf. A criminal sentenced to criminal detention shall be executed by a public security organ.